Doesn't pay crime

"She got the goldmine, I got the shaft. They split it right down the middle, and then they give her the better half." — Jerry Reed, "She Got The Goldmine (I Got the Shaft)"

Mick Covington, executive director of the Missouri Sheriff's Association, says it reminds him of "that old song."

When Covington says "that old song," he is speaking of Jerry Reed's "She Got the Goldmine (I Got the Shaft)." The country ditty — a satire on divorce — became Reed's third and final number one hit in the late summer months of 1982.

The "it" Covington is referring to? The relationship between the State of Missouri and its county jail system.

"I think the counties are getting the shaft," Covington said.

Counties across the state face similar financial situations and struggle to stretch dollars to their limit to provide necessary services. But those required services go beyond just keeping county roads and bridges passable. Housing prisoners can cost counties hundreds of thousands of dollars annually, and what little money they do receive from the state doesn't measure up to meet rising costs of maintenance, food, and inmate medical expenses.

There are 103 county jailing facilities in the state of Missouri. Last year the state reimbursed counties more than $38 million for housing inmates who eventually ended up in a Missouri Department of Corrections facility.

A maximum reimbursement amount of $37.50 per prisoner, per day was established by state statute on July 1, 1997, but counties have never seen amounts close to that figure. According to Missouri DOC spokesman David Owen, reimbursements in FY 2013 were $19.58 per diem.

Covington estimates actual inmate costs run closer to at least $40-$45 per day. In contrast, he said, the federal government reimburses counties $50-$75 per day for housing federal prisoners.

While the reimbursement total has increased little (it was $17 in 1996), the same cannot be said for the cost of food, utilities, hygiene products and health care that must be provided to inmates when they reach the pre-trial detainee stage. Counties also receive no reimbursements for those inmates who stay in their facilities but who are sentenced to probation; those who stay in the county facility, but who are later discharged with time served; those sentenced to time in the county jail; or those who are judged innocent of their alleged crimes and released from the county facility.

County jail inmates are required to pay counties for their cost of imprisonment, according to statute, but covington said those persons often cannot pay their jail costs, even when put on a payment plan. They just don't have the money.

Neither do the counties.

"It's a very heavy economic drain on the counties," Covington said. "It's becoming a very serious problem. I'd say every sheriff in the state is maximizing what they have."

"You have to go off the [totals from the] previous year, and give the best 'guestimate' you can," said Randolph County Sheriff Mark Nichols. "If we had crystal balls and were able to tell the future, that'd be great. You never know how many inmates you're going to have. Basically, it's done by history, and how the jail has been run in the past, and what changes need to be made to make [the situation] better."

The Randolph County Jail is currently housed within the Randolph County Justice Center. It is a 100-bed facility and was built in 2005. In 2012, the jail noted receipts for $213,833.43 from the State of Missouri, deemed "Cost of Criminal reimbursement." According to Randolph County Treasurer Penny Henry, the Justice Center Fund showed over $1.3 million ($1,362,522) in expenses during that timeframe.

While patrol officers for the sheriff's department require state certification, Nichols said corrections officers at the jail do not. Instead, they receive training from jail staff on-site. Jail workers, as part of normal employment, take on two 12-hour shifts.

Nichols said that he has mixed feelings regarding certification.

"I'm not saying that a certified individual makes a better corrections officer," he said. "I've had some certified officers who were not as good."

Budget constraints, however, are leading to high employee turnover rates at the jail. The facility cannot stand up to the wage offerings of other enforcement bodies due to lack of funding. Statewide, that seems to be the case, Nichols said.

"We'll have [the officers] for a short period, then lose them to other agencies," he said. "Most jails do have a high turnover rate, anyway. We're constantly training."

That, itself, takes up manpower and time that could be better spent on other jailing matters.

Missouri's reimbursement system is unique within bordering states. Neither Illinois nor Kansas participate in any sort of reimbursement plan. Kansas DOC Communications Director Jeremy Barclay, upon hearing of the Missouri plan, even referred to it as "kind of generous of the State of Missouri," saying that his state prefers to keep such matters "to the lowest possible government entity."

Iowa does reimburse counties for inmates at $50 per day, though it does so less frequently, and only for certain offenses. Iowa's total reimbursements to all counties last fiscal year was just over $1 million.

The State of Missouri is currently at its apex in regards to prisoner housing, Covington said. "Busting at the seams," is the term he used. Because of this, the DOC is sending certain prison inmates back down to the county jails, or letting them out on probation or parole.

"Any offender delivered to and received by the Department of Corrections is taken into the department's custody," Owen said, in response.

When asked his opinion on why the state government has not stepped up to the plate in order to rectify the monetary situation, Covington said he thinks "it's a matter of legislators not realizing the magnitude of the problem."

"It is a black hole that [counties] just pour money into," he said.

"[County jails] are under what they should be funded," said Rep. Tim Remole (R-Excello). "It's expensive to house. Room and board adds up quick."

"I have parts of six counties in my district. Several questions have come up in the past year [in regards to jail funding]," added Rep. Dave Muntzel (R-Boonville). "It seems like most of them are underfunded. It seems like there's never enough. I know that varies from county to county. Everything is underfunded, it seems like, nowadays."

Remole noted that he believed the Missouri House of Representatives "might try to address" the issue of jail underfunding this session.

"The funding is limited," he said. "[But] that's something I think we can actually talk to the budget director about. [The jails are] out more money than they have coming in."

"The best thing that we can do is have the Sheriff's Association put together a list of shortfalls they have over a long period of time," he said. "Give us some facts and figures, and we can take them to the proper committees, and see if we can't get them more funding.

"It's really a common-sense thing. Things cost more money. I know it's very frustrating on the part of sheriffs to go out and arrest people and then have nowhere to put them."

Calls for comment were also left with the offices of Rep. John Wright (D-Rocheport) and Rep. Caleb Rowden (R-Columbia). Neither responded.

Mo. Gov. Jay Nixon's office sent out the following statement in response to inquiries on the situation:

"[Governor] Nixon has been a strong supporter of Missouri law enforcement during his 27 years in public office, and that includes working to ensure that those agencies have appropriate resources. We will continue reviewing each issue as the Governor prepares to submit his proposed budget for Fiscal Year 2015 to the General Assembly in January."

Covington said the current model is unsustainable.

"I think the pertinent thing here is that the criminal and civil justice system in the state of Missouri is a partnership between the state and local governments," Covington said. "For some reason, it's out of whack. There has to be an awakening on behalf of the state and on behalf of the citizens that the state work towards that 50/50 relationship. How they get there is the process called democracy, and that process needs to take place.

"We cannot continue this way."

The Missouri Judge's Association did not reply to requests for comment on the matter.